A Family Theft – Part 2
In last week’s post I told you about Joe’s problem. He needed to apply for Medicaid for his sister, Sophie. His sister, Mary, however, had told him that she took some of Sophie’s money and spent it herself. He had confirmed at least $100,000 and counting. As I explained last week that would make Sophie ineligible for Medicaid benefits to pay for her nursing care for at least 10 months and maybe more – unless we can establish that Sophie did not willingly give this money to Mary. So how do we do that? Well, just telling Medicaid that she did not give the money to Mary won’t work. Medicaid will not take our word for it. I explained to Joe that what he was alleging was theft which is a crime. So, what do you when you are a victim of a crime? You need to report it to the police. Joe initially balked at this and understandably so. “How can I bring criminal charges against my sister”, he asked me. I know it’s not easy, however, if the claim is that Mary took Sophie’s money without her permission that would be theft and the Medicaid caseworker is
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A Family Theft – Part 1
What happens if a family member takes money from another family member without permission and the second family member needs to apply for Medicaid? That is exactly the scenario faced by Joe who called me about his two sisters, Mary and Sophie. Mary and Sophie had been living together for many years. Sophie had always relied on Mary to take care of her finances. While she had never been deemed incapacitated she had some mental health issues that prevented her from living independently. Thankfully, Mary had been there for her and taken care of things – until Mary’s health deteriorated and she needed care herself. Mary moved out of state to live with her daughter. That’s when Joe stepped in as power of attorney. At that point Sophie could no longer walk, bath or dress herself. She needed nursing home care. Joe contacted me to help with the Medicaid application because within several months Sophie was expected to exhaust her assets – in Medicaid terms spend down her remaining assets. I explained to Joe the documentation we would need for a Medicaid application and that’s when he told me what he had